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Time Warner Cable Wireless Data Service

The terms and conditions set forth below contain the following Parts:

PART I - TIME WARNER CABLE RESIDENTIAL WIRELESS DATA SERVICE ADDENDUM

PART II - END USER LICENSE AGREEMENT


PART I – TIME WARNER CABLE RESIDENTIAL WIRELESS DATA SERVICE ADDENDUM

PLEASE READ THIS DOCUMENT AND YOUR WIRELESS DATA SERVICE ORDER CAREFULLY. TOGETHER, THEY FORM AN “ADDENDUM” TO THE RESIDENTIAL SERVICES SUBSCRIBER AND OTHER CUSTOMER AGREEMENTS THAT GOVERN YOUR USE OF THE TIME WARNER CABLE SERVICES, INCLUDING YOUR WIRELESS DATA SERVICE. THE ADDENDUM INCLUDES THESE AND OTHER IMPORTANT TERMS:

  • THE WIRELESS DATA SERVICE PACKAGE YOU SUBSCRIBED TO;
  • ANY OPTIONAL SERVICES YOU SUBSCRIBED TO;
  • THE AMOUNT OF BANDWIDTH YOU CAN USE IN ANY BILLING CYCLE WITHOUT INCURRING ADDITIONAL CHARGES UNDER YOUR WIRELESS DATA SERVICE PACKAGE;
  • THE CHARGES FOR BANDWIDTH USE ABOVE THAT PROVIDED UNDER YOUR PLAN;
  • HOW LONG YOUR CONTRACT RUNS (MINIMUM SERVICE TERM); AND
  • FEES, IF ANY, FOR EARLY TERMINATION.

You accept the Addendum (in other words, make it legally binding) when you

  • Acknowledge receipt of the Wireless Data Service Order in writing or electronically; or
  • Activate or use your Wireless Data Service.

Capitalized words used in the Addendum have special meanings. Unless the capitalized words are defined in the Addendum, they have the meanings given to them in the Residential Services Subscriber Agreement. Our website always contains the most current versions of our customer agreements, including this document. See http://help.twcable.com/policies.html.

1. A Minimum Term May Apply

  • Your service order indicates whether you have agreed to a minimum service term for your Wireless Data Service and, if so, the number of months in the term. YOU WILL BE SUBJECT TO AN EARLY TERMINATION FEE IF YOU CANCEL SERVICES BEFORE THE END OF THE MINIMUM SERVICE TERM (OR IF WE TERMINATE YOUR SERVICE EARLY FOR CAUSE UNDER THE AGREEMENT). The Early Termination Fee, which is noted on your service order, will decrease by $7.50 for each month of the minimum service term that you complete.

  • If your Wireless Data Service plan does not include a minimum service term or, if it does and you reach the end of the minimum service term, your service term will be “month-to-month” and will not be subject to an Early Termination Fee if you cancel your service.

  • If your service term is month-to-month, TWC can change the price of your Wireless Data Service by providing you at least one billing cycle’s notice of the change.

This Privacy Policy covers how Time Warner Cable treats information that Time Warner Cable collects and receives about you via the Platform, including the personally identifiable information we collect through the various features, services, and software that we use to provide the Platform to you. Some of these offerings are provided by third parties who may provide you with additional information and choices about your privacy. If you choose to take advantage of these offerings, you should read the privacy policies of such third parties.

2. A Maximum Monthly Bandwidth Cap May Apply

  • Your service order indicates whether you are subject to a maximum bandwidth cap on your Wireless Data Service. The cap states the aggregate number of megabytes of data that you may send and receive using the Wireless Data Service in a single billing cycle. If your use of the Wireless Data Services exceeds the cap in any billing cycle, you will be subject to an additional charge. The amount of this charge appears on your service order.

  • You may track your usage by visiting www.timewarnercable.com/mobilemanager. Unused bandwidth in a given billing cycle does not “roll over” to future billing cycles.

3. TWC’s Ability to Change these Terms

  • The Wireless Data Service Addendum forms part of your Time Warner Cable Residential Services Subscriber Agreement and the customer agreements referred to in that agreement. As a result, our customer agreements also apply to the Wireless Data Service. For example, as a Wireless Data Service user, you are subject to the same Acceptable Use Policies that apply to our High Speed Data Service. Our Acceptable Use Policies can be found at http://help.twcable.com/policies.html.

  • We may change our customer agreements, including this document, by amending the on-line version of the relevant terms.

  • If you continue to use the Wireless Data Service after any change in our customer agreements, including this document, you will have accepted the change (in other words, made it legally binding).

4. If You Want to Change or Cancel Service

  • If you cancel your Wireless Data Service, in addition to any applicable Early Termination Fee, you must pay for your use of the Service up until the date on which you cancelled, including charges for exceeding any bandwidth cap that applied to your account, and applicable taxes.

  • If, during the minimum service term, you decide to change to another TWC Wireless Data Service plan (for example, one with different rates or usage allowances) or to add additional services, such as international roaming, to your plan, then TWC has the right to restart the minimum service term from the beginning of the change in plan or addition of service.

  • If, during the minimum service term, TWC changes the terms of your Wireless Data Service and the changes are materially disadvantageous to you, you may terminate the Wireless Data Service without paying an Early Termination Fee by providing written notice to TWC within thirty (30) days of the effective date of the change.

5. Service Considerations

  • The Wireless Data Service is a non-commercial Service, offered for reasonable personal use only. You may not provide any person who is not a member of your household with access to the Wireless Data Service whether for a fee or otherwise. You agree to take reasonable precautions to prevent others from gaining unauthorized access to your Wireless Data Service.

  • If you use the Wireless Data Service outside of our network area, you may incur roaming charges for which you are responsible. We will use reasonable efforts to alert you (through the Wireless Data Service) when you are in a roaming area. Roaming charges will sometimes not appear on your billing statement for a period of up to several months after your out-of-network usage since we need to obtain and confirm information from the roaming carrier before we bill you.

  • Wireless devices use radio transmissions, so you may not be able to use your Wireless Data Service if your wireless device isn't in range of a transmission site. Even within a coverage area, there are many factors that may impact availability and quality of service, including network capacity, terrain, trees, placement of buildings and the characteristics of your wireless device and any device to which it is attached. Data delays and omissions may occur.

6. Equipment and Software Considerations; Provided “AS IS” without Warranties

  • The Wireless Data Service may require the installation and use of TWC or third party software and the use of a wireless device. TWC is not responsible for any damage or loss of data resulting from your use of such software or wireless device.

  • EXCEPT FOR ANY LIMITED WARRANTY PROVIDED BY THE ORIGINAL MANUFACTURER, WE PROVIDE THE WIRELESS DEVICES AND SOFTWARE TO YOU ON “AS IS” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES WHATSOEVER, INCLUDING SO-CALLED “IMPLIED” WARRANTIES (SUCH AS WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE). FOR SO LONG AS YOU CONTINUE TO RECEIVE THE WIRELESS DATA SERVICE, WE WILL ADMINISTER THE ORIGINAL MANUFACTURER’S WARRANTY AS THE MANUFACTURER’S DESIGNATED REPRESENTATIVE. TERMINATION OF YOUR WIRELESS DATA SERVICE DOES NOT AFFECT THE ORIGINAL MANUFACTURER’S WARRANTY, ONLY OUR ADMINISTRATION OF IT. A COPY OF THE ORIGINAL MANUFACTURER’S WARRANTY IS AVAILABLE FOR INSPECTION BEFORE SALE AT OUR WEBSITE OR UPON YOUR WRITTEN REQUEST. OTHER THAN THE ADMINISTRATION OF ANY WARRANTY PROVIDED BY THE ORIGINAL MANUFACTURER, TWC PROVIDES NO WARRANTIES WITH RESPECT TO ANY WIRELESS DEVICE OR SOFTWARE THAT WE PROVIDE TO YOU IN CONNECTION WITH THE WIRELESS DATA SERVICE.

  • If your wireless device is lost or stolen, it is very important that you notify us immediately so that we can suspend your service to prevent unauthorized use of your Wireless Data Service. However, until you report the loss or theft of your wireless device, we are entitled to assume that any use of the device is authorized by you and you agree to be responsible for any such use and associated charges.

7. Termination of Wireless Data Services

  • If you cancel your Wireless Data Service (or if TWC terminates your service for good cause), TWC has the right to delete any voicemails, text messages or other data of yours that resides on TWC’s or its suppliers’ systems.

8. Conflicts

  • In the event of a conflict between the terms of the Addendum and other documents that govern your use of our Services, the terms of the Addendum shall control but only with respect to the Wireless Data Service.


PART II – END USER LICENSE AGREEMENT

END-USER LICENSE AGREEMENT FOR GREEN PACKET iNTOUCH Connection Manager SOFTWARE

IMPORTANT-READ CAREFULLY: This GP End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Green Packet (Australia) Pty. Ltd. for the Green Packet software product identified above, which includes computer software and may include associated media, printed materials, additional computer software applications, and "online" or electronic documentation ("SOFTWARE PRODUCT"). By downloading, installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT.


SOFTWARE PRODUCT LICENSE

The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed.

1. GRANT OF LICENSE

This EULA grants you the following right: perpetual, world-wide, nonexclusive, limited, nontransferable, nonsublicensable license of the SOFTWARE PRODUCT. You may install and use only ONE (1) copy of the SOFTWARE PRODUCT on ONE (1) device ("COMPUTER").

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

  • Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, or otherwise apply any procedure or process to the SOFTWARE PRODUCT to ascertain, derive, and/or appropriate for any reason or purpose, the source code, algorithms, underlying data, or trade secrets enabling or contained within the SOFTWARE PRODUCT. Except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation, you are expressly prohibited from copying, modifying, merging, altering, selling, leasing, redistributing, assigning in any matter, SOFTWARE PRODUCT or any portion thereof.

    You may not use, transfer, or assign the SOFTWARE, unless authorized in writing by Green Packet. You may not attempt to discover the source code or structure, sequence and organization of the SOFTWARE or any portion thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You also may not remove, alter or obscure any SOFTWARE identification, trademark, copyright, confidentiality, proprietary or other notices or legends contained on or within the Software (or any copy or portion thereof). You may not use the SOFTWARE to perform any unauthorized transfer of information (e.g. transfer of files in violation of a copyright) or for any illegal purpose. You may not also copy, modify, or distribute the SOFTWARE or any portion thereof;

  • You may not rent, lease, or lend the SOFTWARE PRODUCT or create derivative works based upon the SOFTWARE PRODUCT.

  • Software Transfer. You may permanently transfer all of your rights under this EULA, provided you retain no copies, including all of the SOFTWARE PRODUCT (including all component parts, the media and printed materials, any upgrades, and, if applicable, the Certificate of Authenticity), and the recipient agrees to the terms of this EULA. If the SOFTWARE PRODUCT is an upgrade, any transfer must include all prior versions of the SOFTWARE PRODUCT.

  • Termination. Without prejudice to any other rights, Green Packet may terminate this EULA immediately without notice if you fail to comply with the terms and conditions of this EULA. In such event, you must return the SOFTWARE PRODUCT and destroy all copies of the SOFTWARE PRODUCT and all of its component parts.

3. TWC’s Ability to Change these Terms

  • The Wireless Data Service Addendum forms part of your Time Warner Cable Residential Services Subscriber Agreement and the customer agreements referred to in that agreement. As a result, our customer agreements also apply to the Wireless Data Service. For example, as a Wireless Data Service user, you are subject to the same Acceptable Use Policies that apply to our High Speed Data Service. Our Acceptable Use Policies can be found at http://help.twcable.com/policies.html.

  • We may change our customer agreements, including this document, by amending the on-line version of the relevant terms.

  • If you continue to use the Wireless Data Service after any change in our customer agreements, including this document, you will have accepted the change (in other words, made it legally binding).

4. DISCLAIMER OF WARRANTIES.

To the maximum extent permitted by applicable law, Green Packet provide the SOFTWARE PRODUCT AS IS AND WITH ALL FAULTS, and hereby disclaim all warranties and conditions, either express, implied or statutory, including, but not limited to, any (if any) implied warranties or conditions of merchantability, of fitness for a particular purpose, of lack of viruses, of accuracy or completeness of responses, of results, and of lack of negligence or lack of workmanlike effort, all with regard to the SOFTWARE PRODUCT, and the provision of or failure to provide Support Services. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, AND CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT. THE ENTIRE RISK AS TO THE QUALITY OF OR ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT AND SUPPORT SERVICES, IF ANY, REMAINS WITH YOU.

5. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES.

To the maximum extent permitted by applicable law, in no event shall Green Packet be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits or confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising, out of or in any way related to the use of or inability to use the software product, the provision of or failure to provide support services, or otherwise under or in connection with any provision of the EULA, even in the event of the fault, tort (including negligence), strict liability, breach of contract or breach of warranty of Green Packet, and even if Green Packet has been advised of the possibility of such damages.

6. INTELLECTUAL PROPERTY RIGHTS.

The SOFTWARE is protected by Malaysian Intellectual Property laws and international treaty provisions. You acknowledge that no title to the intellectual property in the SOFTWARE is transferred to you. You further acknowledge that title and full ownership rights to the SOFTWARE will remain the exclusive property of GREEN PACKET and you will not acquire any rights to the SOFTWARE. You agree that any copies of the SOFTWARE will contain the same proprietary notices which appear on and in the SOFTWARE.

All title and intellectual property rights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text and "applets" incorporated into the SOFTWARE PRODUCT), and any copies you are permitted to make herein are owned by Green Packet. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. If this SOFTWARE PRODUCT contains documentation, which is provided only in electronic form, you may print one copy of such electronic documentation. You may not copy the printed materials accompanying the SOFTWARE PRODUCT.

7. ENTIRE AGREEMENT.

This EULA (including any addendum or amendment to this EULA which is included with the SOFTWARE PRODUCT) is the entire agreement between you and Green Packet relating to the SOFTWARE PRODUCT and the Support Services (if any) and it supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the SOFTWARE PRODUCT or any other subject matter covered by this EULA. To the extent the terms of any Green Packet policies or programs for Support Services conflict with the terms of this EULA, the terms of this EULA shall control.

8. SHARING OF YOUR INFORMATION

The only personal information that we collect about you is the MAC address of your wireless device (“Personally Identifiable Information”). We do not sell, trade, or rent to others the Personally Identifiable Information we collect. Unless we have your permission, we will share the Information you provide online only with other entities within the GREEN PACKET Group of Companies and/or businesses that provide services to GREEN PACKET and only for the purpose of troubleshooting and fixing problems with the SOFTWARE PRODUCT. Where GREEN PACKET engages third parties to perform services on our behalf, we will require them to observe the intent of this Privacy Statement.

9. PROTECTING YOUR INFORMATION

GREEN PACKET acknowledges your trust and is committed to protecting the information you provide us. To prevent unauthorized access, maintain accuracy, and ensure proper use of information, we have employed physical, electronic, and managerial processes to safeguard and secure the information we collect online.

10. CHANGES TO THIS STATEMENT

In the event there are changes or additions to the terms of this EULA, we will post those changes via Green Packet’s website. Regardless of any changes we make to our EULA, we will always use your Personal Information in accordance with the version of the Statement in place at the time you provided your information, unless you give your express consent for us to do otherwise.

11. LIMITATION OF LIABILITY

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL GREEN PACKET BE LIABLE WITH RESPECT TO THE SOFTWARE OR ANY SUBJECT MATTER OF THIS AGREEMENT UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY FOR (I) ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE, OR USE OF THE SOFTWARE. IN NO EVENT SHALL Green Packet OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE, OR USE OF THE SOFTWARE, EVEN IF Green Packet HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, Green Packet's LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY WILL NOT EXCEED THE GREATER OF U.S.$1.00 OR LICENSE FEE PAID BY YOU.

12. OPEN SOURCE LICENSE

This software contains third party open source software, which is subject to additional license terms based upon the particular open source license under which the software is provided:

  • Qt GUI Toolkit licensed under GNU LGPL v.2.1

    The Qt GUI Toolkit (the “library”) is Copyright © 2010 Nokia Corporation and/or its subsidiary(-ies). Contact: Nokia Corporation (qt-info@nokia.com)

    This library is free software; you can redistribute it and/or modify it under the terms of the GNU Lesser General Public License as published by the Free Software Foundation; either version 2.1 of the License, or (at your option) any later version.

    NO WARRANTY

    BECAUSE THE LIBRARY IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE LIBRARY, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE LIBRARY "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE LIBRARY IS WITH YOU. SHOULD THE LIBRARY PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

    IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE LIBRARY AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE LIBRARY (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE LIBRARY TO OPERATE WITH ANY OTHER SOFTWARE), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    For more information on the license for this software, please refer to: http://qt.nokia.com/products/licensing/licensing

    For more information on, or a copy of, the GNU LGPL v.2.1, please refer to: http://www.gnu.org/licenses/lgpl-2.1.html

  • OpenSSL licensed under BSD

    Copyright © 1998-2008 The OpenSSL Project. All rights reserved.

    This product includes software developed by the OpenSSL Project for use in the OpenSSL Toolkit (http://www.openssl.org/)

    This product includes cryptographic software written by Eric A. Young (eay@cryptsoft.com). This product includes software written by Tim J. Hudson (tjh@cryptsoft.com).

    THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

    For more information on, or a copy of, the BSD License, please refer to: http://www.opensource.org/licenses/bsd-license.php

  • WPA Supplicant licensed under BSD

    Copyright © 2003-2010, Jouni Malinen and contributors. All Rights Reserved.

    THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

    For more information on, or a copy of, the BSD License, please refer to: http://www.opensource.org/licenses/bsd-license.php

    If the license agreement for the applicable open source software (“Open Source License Agreement”), as described above, conflicts with any of the terms and conditions of this EULA, then the terms of the Open Source License Agreement shall control and prevail but only with respect to the particular open source software governed by such Open Source License Agreement.